Once the notice has been received by the Marriage Officer, this has to be 'published' by displaying it in their office in a conspicuous place. A copy has to also be kept in a "Marriage Notice Book" which can be inspected by anyone free of charge. [Section 6, SMA]

For 30 days after the notice has been published, anyone can object to the marriage IF it contravenes one of the conditions for marriage (age, capacity to consent, no incest, etc). [Section 7, SMA] If there are no objections, the marriage can be solemnised at the end of the 30-day period.

For 30 days after the notice has been published, anyone can object to the marriage IF it contravenes one of the conditions for marriage (age, capacity to consent, no incest, etc). [Section 7, SMA] If there are no objections, the marriage can be solemnised at the end of the 30-day period.

If someone does object to the marriage, then the Marriage Officer has to conduct an inquiry into whether or not the objection is valid within 30 days of receiving the objection. During this time, the marriage cannot take place. If the Marriage Officer decides the objection is valid and refuses to solemnise the marriage, either the bride or groom can file an appeal before the district court within 30 days of the refusal. [Section 8, SMA]

If someone does object to the marriage, then the Marriage Officer has to conduct an inquiry into whether or not the objection is valid within 30 days of receiving the objection. During this time, the marriage cannot take place. If the Marriage Officer decides the objection is valid and refuses to solemnise the marriage, either the bride or groom can file an appeal before the district court within 30 days of the refusal. [Section 8, SMA]

Once any objections are dealt with, the bride and groom and three witnesses have to sign a declaration in the presence of the Marriage Officer, who then countersigns it. [Section 11, SMA]

After all this, the marriage can finally be solemnised, either at the Marriage Officer's office (usually in the district court) or some other place. Each party has to say to the other in the presence of the Marriage Officer and the three witnesses and in any language understood by the parties, " I, (A), take the (B), to be my lawful wife (or husband)." [Section 12, SMA]

After the solemnisation, the Marriage Officer registers the details in a certificate, which is signed by the parties to the marriage and the three witnesses. Once the certificate is entered in the "Marriage Certificate Book," this becomes conclusive evidence of a marriage under the SMA. [Section 13, SMA]

Marriage Equality, Same-Sex Marriages: What Is the Special Marriage Act & What Are Its Provisions?

(This article was published on 28 February 2019. It has been republished from The Quint's archives, with the Supreme Court discussing the Special Marriage Act (SMA) in the ongoing marriage equality hearings.)

The Special Marriage Act (SMA) was enacted in 1954 as part of a series of reforms to personal laws in India that Jawaharlal Nehru had made a priority.

It was meant to be a legislation to govern marriages that could not be solemnised according to religious customs – which essentially meant inter-faith or inter-caste marriages.

It can also be used by couples from the same community who don't want their marriage (and ancillary issues like divorce) governed by relevant personal laws – a marriage performed in accordance with religious rites can also be registered under the SMA afterward.

Published: 31 Jul 2018, 5:21 PM IST

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Explained: What Is the Special Marriage Act & What Are Its Provisions?

The SMA is meant to be a legislation to govern marriages that could not be solemnised by religious customs.